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ITAT Hyderabad

Prohibition on institution of suits or continuation of pending suits after declaration of moratorium under IBC

August 26, 2022 1782 Views 0 comment Print

Deccan Chronicle Holdings Limited Vs ACIT (ITAT Hyderabad) Under section 13 of the Code, the adjudicating authority after admission of the application under section 7 or 9 or 10 of the IBC Code shall declare a moratorium which shall include the prohibition of the institution of suits or continuation of pending suits or proceedings against […]

Cost of acquisition as FMV of ESOP shares treated as perquisite unsustainable

August 13, 2022 8784 Views 0 comment Print

Held that payment of federal taxes on the different between FMV and the grant price establishes that assessee is paying tax treating the value of shares as perquisite. Accordingly, provisions of section 49(2AA) are applicable. Cost of acquisition of share cannot be FMV.

Penalty u/s 271F leviable for failure to furnish AIR

August 10, 2022 837 Views 0 comment Print

Held that penalty u/s 271F leviable as the assessee being a co-operative bank failed to furnish annual information annual information return

Income Tax appeal cannot be adjudicated during continuance of IBC proceedings

August 10, 2022 783 Views 0 comment Print

DCIT Vs Neueon Towers Limited (ITAT Hyderabad) A reading of the provisions under section 13 and 14 of IBC Code along with the decision in Ghanashyam Mishra And Sons (supra), clearly shows that once the proceedings have commenced by institution of application under section 7 or 9 or 10 of the Code, the continuance of […]

Loss of directors not allowable to the company

August 9, 2022 744 Views 0 comment Print

Held that activities of share trading were carried out by the directors in their individual capacity from their unique client codes. Accordingly, loss incurred in same is not allowable in the hands of company

Income Tax Claims not part of Resolution Plan stands extinguished on Approval of Resolution Plan

August 4, 2022 585 Views 0 comment Print

On approval of resolution plan by all claims of Income Tax, which are not a part of resolution plan, shall stand extinguished

Cenvat credit eligible on input services used for construction of property which is further let out

August 3, 2022 2679 Views 0 comment Print

Held that we are inclined to allow the Cenvat Credit of input services for construction of immovable property, which is further let out to various customers.

Both revenue & assessee bound by the resolution plan accepted by NCLT

July 19, 2022 2364 Views 0 comment Print

Held that the Revenue is bound by the resolution plan as accepted by the NCLT and not entitled to anything more than what is provided therein.

Depreciation eligible on Goodwill acquired under slump sale agreement

July 12, 2022 5553 Views 0 comment Print

ITAT held that by acquiring business rights along with tangible assets, the assessee got an up and running business and the specified intangible assets acquired under slump sale agreement are in the nature of any other business or commercial rights of a similar nature on which depreciation is allowable.

Ex-parte order – addition For unexplained cash – ITAT restore matter to CIT(A)

July 10, 2022 768 Views 0 comment Print

Satyabhama Avadhanula Karimnagar Vs ACIT (ITAT Hyderabad) I find the Assessing Officer on the basis of inquiry conducted u/s 131(1)(d) made addition of Rs.22.00 lakhs being unexplained cash found from the possession of the assessee and made addition of the same u/s 69A rws 115BBE of the I.T. Act. I find the learned CIT (A) […]

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